Hi, my wife and I are separating and currently have a joint tenancy with the local council. We would like to change the tenancy solely into her name.We have been advised by the council that we cannot transfer our joint tenancy into her name. They say we have to cancel our tenancy and she has to apply for a new one to stay in the house we are living in however due to regulations and no longer having two dependent children she is unlikely to be offered the house we have now and would most likely be offered something smaller in size with less bedrooms. We have learned from speaking to the charity Shelter that a court can order this to be done so we wish to apply to the court for the tenancy to be transferred solely into her name without her losing the assured tenancy that we currently have.We have downloaded the form D50B and are unsure of what to fill in the boxes that have the following questions as indicated in bold text:'On the hearing of an application by' - we assume this to be the applicant? If not, we do not know what to put in this box.For an order in the following terms: - What are the terms? Are they the transfer of a tenancy under section 53 of, and Schedule 7 to, the 1996 Act? If not, we do not know what to put in this box.'The court has jurisdiction on the following basis to deal with these procedures' - We do not know what to put in this box.Thanks.
Thank you.Upon looking at the schedule you sent the link for I am unsure if my wife and I can apply for this.
I read two sections of it and took it to mean we need to be judicially separated or divorced before the court will grant an order. Being judicially separated costs the same and takes just as long. It is generally used for people whose religion prevent them from getting divorced I think.We currently reside in the same house and have decided that we are going to separate and I am going to move out but do not want to do this if there is a risk that my family will potentially have to leave the family home. Also, I do not want to have two tenancies when I find an alternative place to live. Is it possible to get one of these tenancy transfer orders from the court if we haven't yet applied for a divorce? Or is it possible to get a combined order for judicial separation and tenancy transfer if that is applicable to us?
Hi,I am on a low income as is my wife and we currently receive housing benefit so if I move out and need to apply for benefit I would not be entitled if I still had this tenancy. Also, I will be sharing residency of my daughter so if I can get the current tenancy transferred to my wife, in theory as the tenant she could ask me to leave and I would effectively be homeless and could apply to the council for assistance with housing?I assume if I were to make myself homeless this would not be possible?
She is 8 and we'll share her equally so she'll come and stay with me for part of the week every week. My wife's other daughter is 19 and she'll also come and stay with me from time to time as I have brought her up since she was 4.
Perhaps I need to make our situation a little clearer.We wish to separate amicably before the bitterness and resentment begins. We want to share the care of my daughter so are happy to have joint responsibility for her.I am still living in the matrimonial home but wish to leave and start a new life somewhere else where my daughter can stay with me as and when my wife and I have agreed. Ideally I would like to be eligible for being housed by the council. I was under the impression that the best course of action was firstly to take myself off of the joint tenancy that my wife and I share at which point she could then ask me to leave thus making me homeless. I simply want to leave and be eligible for rehousing by the council and we both thought that this was the best way to achieve that. We both work and have always paid the rent on time and been model tenants. Can you suggest the best course of action to achieve what we both want with the minimum of delay and cost?Thanks.